GARDENER INJURED.

Auckland Star, Volume LIII, Issue 248, 19 October 1922, Page 7

GARDENER INJURED.

CLAIMS DAMAGES FROM DOCTOR. RESULT OK DKiiiN.inut I.X'.U-OUINO | \, ,] IP r ,-,,:: .. ii ■!. i..i;at..r exploding ami injuring !.,. r.jj.i !.«-..!. Herbor: William AMi-.-n. ■ a»r <-\ muM Dγ. | X ]i n. ,■• Upland, for damage' ill the Vr-itri.ti..,, , ourt this morning- . , , The rtatvni.-ni. .h .-1.-iim h!i.«wod that | the plaintitV \< :i- cmp!oy.,i a- a gardener | |,v defi'iidaii' i >r .« < 'lav* .- week, and I on August -'I. «;.. • ~<■ «a» inlying up the tOol-llOHM". he p.i-i..,<,; up a detonator that was lying in the -!u.l. IK' n.i ignorant of its nattirc. and while lie was examining ii the detonator exploded. Wowing uff his right index 'inner and 1 ho firet joint of the right thumb, while the second finger on '.he -antv hand was also injured. He had .-nice been incapacitated, and claimed .v> per cent of his wwkly earnings from I lie time of the accident. The plaintiiT staled that lie had been employed by Pr. Milsom for about two years, on two dnje :i week -Monday and Thursday—wet or line. :lc did all the gardening, cleaned the paths, and on "occasions had fixed electric bells and assisted to shift furniture. All his tools were kept in a house at the rear, and lie tidied tins tip on wet days. On August -1 he was in the loolhouse. and noticed a number of brass tubes, which he had not seen there before. He | picked up 0110, and thought lie would u-f •it as a cap for his gardening pencil, to prevent the point from breaking. He put a hat, pin down the tube, and it exploded, causing the injuries stated. He had not done any work since. Mr. Rolmden, who appeared for the plaintiff, said that it was necessary for a medical practitioner to keep a \ gardener, and he submitted that he was ' a domestic servant within the meaning of the Act, even though lie was employed only on two days a week. Tn the 1911 amendment it was stated that domestic service was for a period of not less than ecven days, but counsel contended the eeven days need not be consecutive. His Honor: They are talking about \ a - °nding the Act to include the ''wash lady." She might have been employed for years on one day a week, but she is outside the Workers Compensation Act. Mr. Holmden further contended that the cleaning out of the toolhouse was part of plaintiff's employment, and the accident arose as the result of such employment. Mr. H. P. Richmond, for defendant, iaid that the seven days" service must be consecutive to bring plaintiff within the Act. The plaintiff saw the bright cylinders, and purely for bis own purpose, or out of a spirit of curiosity, . proceeded to experiment with theVn, and during that period he could not be held to have been engngod on his employer's business. Therefore, the accident did rit>t arise in. the course of his employment. For the moment he ceased to have anything to do with his employer's work. He was engaged in making a pencil case, and it did not matter a rap to his employer whether he had a cover for the pencil or not. Judgment was reserved. *■_